Utopia 2013 Introduction to Law Primer

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  • THE FRATERNAL ORDER OF UTOPIA

    Introduction to Law Primer

    2013 Edition

    SERVICE. SACRIFICE. EXCELLENCE.

    For tomorrow shall cast a myriad of mighty storm that only those with firm determination and Utopian vision do survive.

    www.utopia.com.ph

    FOR SHARING.

  • TABLE OF CONTENTS

    How to Read a Case - 1

    Recitation Tips - 2

    Dworkins Interpretative Theory 2

    Austins Theory of Law 5

    Hart: Law as Primary and Secondary Rules 6

    Hart: International Law - 7

    Parts of a Case - 10

    Philippine Legal History

    Colonial Setting: Rubi v. Provincial Board of Mindoro

    Comprehensive Digest 12

    Case Primer 13

    Recitation Ready Digest 14

    War Period: Co Kim Cham v. Valdez Tan Keh

    Comprehensive Digest 14

    Case Primer 19

    Recitation Ready Digest 20

  • 2013 INTRODUCTION TO LAW PRIMER

    THE FRATERNAL ORDER OF UTOPIA

    People Power Revolution: Republic v. Sandiganbayan

    Comprehensive Digest 20

    Case Primer 24

    Recitation Ready Digest 24

    Law in Context

    Indigenous Peoples, Ancestral Domain, and the Environment: Cruz v. Secretary of DENR

    Comprehensive Digest 25

    Case Primer 26

    Recitation Ready Digest 27

    Bangsamoro People: Province of North Cotabato v. GRP Panel

    Comprehensive Digest 28

    Case Primer 32

    Recitation Ready Digest 33

    Definition of Law Terms - 34

  • ACKNOWLEDGEMENT

    The Utopia Academics Team would like to thank Senior Brod Daniel Darvin for the

    guidance and motivation without which this primer would not have materialized. We

    consider his works as cornerstones for this reviewer now in your hands.

    WARNING

    Do not rely solely on the recitation-ready digests of this reviewer.

    This type of digest merely aims to give an overview and

    background of the cases for easy understanding and reference

    during recitation. This digest is not comprehensive. It is advised to

    read the full text of the cases and the comprehensive digests in case

    the professor asks additional questions

  • 2013 INTRODUCTION TO LAW PRIMER

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    1

    HOW TO READ A CASE

    What are the 3 main parts of a case?

    The (1) facts, (2) issues, and (3) held/ratio

    What are facts?

    Facts are events or circumstances that transpired. They are

    usually narrated at the beginning of the case.

    What is an issue?

    It is the matter in dispute in the case. It is usually in question

    form and begins with the phrase whether or not.

    Give an example of an issue.

    The prosecution argues that the accused is liable for murder

    while the defense contends that the accused is only liable

    for homicide. The issue is whether or not the accused is

    liable for murder or homicide.

    What are the two types of issues?

    (1) Substantive issues and (2) Procedural issues

    What are substantive issues?

    Issues which pertain to the rights of the parties.

    Give an example of a substantive issue.

    Whether or not the accused is liable for murder or

    homicide.

    What are procedural issues?

    Issues which pertain to the method or manner of carrying

    out a legal dispute.

    Give an example of a procedural issue.

    Whether or not the case is ripe for adjudication.

    How many issues are usually given in a case?

    There is usually more than one issue.

    Do we have to read all of the issues?

    No. Read only the issue relevant to the subject matter.

    A police officer, upon mere suspicion that Juans house is a drug den, entered Juans house without a warrant and in the course of the search, inflicted physical injuries upon Juan

    and destroyed his personal belongings. The issues

    presented in the case are whether or not the police officer

    (1) conducted a valid search, (2) is liable for physical

    injuries, (3) is liable for damages for destroying Juans property. Which issue should be studied?

    If the subject is Constitutional Law, study only the first issue

    since it deals with the Bill of Rights. If the subject is Criminal

    law, study only the second issue. And if the subject is Civil

    Law, study only the third issue.

  • 2013 INTRODUCTION TO LAW PRIMER

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    2

    What if the subject matter is unknown? Which issue will we

    study?

    In subjects such as introduction to law, where the subject

    matter is general and unknown, it is advised to focus on the

    substantive issues.

    What is the held/ratio of the case?

    The courts decision on a particular issue. It includes the legal basis of the decision, analysis of facts, and conclusion

    of the case.

    RECITATION TIPS

    1) Hold your ground and be polite. Remember, each

    recitation is a test not only of your knowledge, but of your

    composure and how well you keep your cool despite the

    stress. Never attempt to make jokes while reciting. There is

    always a chance that the professor might take this as a form

    of disrespect. Law school has a serious atmosphere.

    2) Nothing beats preparation. So make sure you read all the

    cases and can provide a summary of the readings from the

    top of your head. Try to dramatize the facts in your head to

    easily recall the flow.

    3) When you are inevitably called, observe good posture

    and be confident. Do not dance around your spot. Make

    an impression on the professor, and build on the fact that

    you have prepared beforehand. Look at the professor

    straight in the eye. Failure to observe this might give the

    professor an impression that you came unprepared for

    class.

    4) It is best to frame your answers this way:

    a) Be responsive first, meaning answer yes or no, or

    true or false, etc., when it is called for.

    b) Then provide the source for your answerwhether

    its a law or a case. Discuss the case or the law briefly,

    then apply to the situation at hand.

    c) Provide a short conclusion.

    DWORKINS INTERPRETATIVE THEORY

    In Dworkins Interpretive Theory, what role will morality play if legal interpretation play if properly carried out?

    Morality will exercise some significant influence over the

    way rules are to be understood.

    According to Dworkin, what does the law consist of?

    The law consists of the 1) explicitly adopted rules plus 2) the

    best moral principles that can be understood to lie behind

    those rules. These principles serve as a legitimate basis of

    legal decisions, as well as help guide the interpretation of

    legal rules in hard cases in which the right legal answer is

    unclear.

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    3

    What are the two degrees of fit between some proposed principle and the rules?

    Fit as a matter of logical consistency and Fit as a matter of

    helping one justify or provide a rational for the rules.

    What does fit as a matter of logical consistency mean?

    Any viable candidate for an underlying principle must be

    logically consistent with most of the rules. Total consistency

    is not required, only a high degree.

    I. Fitting the Fourth Amendment: Privacy

    Can the government search your house without a warrant or

    probable cause?

    The fourth amendment states, the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, so, no, the government cannot search it without a warrant or probable

    cause.

    II. Olmstead and beyond.

    Should laws be interpreted while keeping in mind modern

    technology even though these said technologies did not

    exist during the time of those who wrote and ratified the

    laws?

    Yes, modern technology should be considered while

    interpreting laws.

    What happened in the Olmstead case?

    The Supreme Court decided that because wiretapping was

    not an act of physical intrusion and confiscation, the fourth

    amendment rule did not apply to it.

    What was Dworkins approach to a case like Olmstead?

    He would look at the moral principle that fits the Fourth

    Amendment rule against unreasonable searches and

    seizures.

    Using Dworkins framework, would wiretapping be covered by the fourth amendment?

    Yes, because according to Dworkin, privacy has two

    aspects: 1) physical space and 2) informational aspect. The

    Olmstead case ignores the informational aspect.

    III. The Role of Morality

    What happens when in using Dworkins method, there happens to be several competing privacy principles that fit

    the fourth amendment rule?

    Then one must decide which of them can be a legitimate

    basis for legal decision making.

    What is the right way of understanding the law in order for

    us to find the right legal answers to cases in which the

    explicit rules do not provide a single clear answer?

    Dworkins solution is to look to morality. The law consists of the rules explicitly adopted by the political community plus

    the best principles that fit those rules.

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    4

    How does one reconcile the fact that each person may have

    a different opinion on what is morally best?

    People will, of course, disagree over what is morall